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Understanding the concept of comparative negligence in Colorado


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While who is at fault for a car accident in Colorado may seem obvious to the accident victim, courts require proof that someone’s actions contributed to the crash in question and the resulting injuries. This might also be why victims who’s actions may have also contributed to the crash are hesitant to pursue a case for compensation—they are unsure if they can recover anything if they were also partly to blame for the motor vehicle accident. What many don’t realize is that Colorado is a comparative negligence state.

Comparative negligence or modified negligence means that if someone is less than 50 percent at fault for causing their accident, they are still allowed to recover compensation for the injuries they have sustained. It is important to note that the amount they can recover will be reduced by the percentage of their own contribution. If the victim is found to be 51 percent at fault, then he or she can no longer recover damages.

Damages that can be recovered include medical costs, property damage, lost wages and also pain and suffering. These damages can be categorized as economic and non-economic damages, and non-economic damages can often be more difficult to prove, as everyone experiences an event differently.

Sooner or later, many Colorado residents may find themselves injured in a car accident in Colorado’s mountainous terrain. Their own actions should not prohibit them from getting the compensation they deserve to lessen the financial burden associated with a motor vehicle accident caused by someone else’s negligence.

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